UASolutions Group, Inc. 2518 Auburn Drive, Cocoa FL 32926 Tel: (321) 261

- 2547
Kelly n eubecker@uasolutionsgroup.com

August 7 , 2015
U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Re : Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s UAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 , 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary On behalf of our clients, UAS Focus, LLC and p ursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”) , Subs ec ti on ( f ) of 49 U

. S

. C

. § 44701
, and 14 C.F.R. Part 11
, UAS Focus, LLC ( hereafter known as the “Petitioner”)
, an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct full service photography and videography s eeks exemption from the following listed Code of Federal Regulations (“CFR”) to allow commercial operation of the previously approved 3D Robotics
X8+ within the N ational A irspace System (NAS) for controlled, low

- risk
, a erial surveying and engineering, remo te sensing, agriculture and ranching purposes, real estate photography, construction site inspections and monitoring, power line, stack and pipeline inspections, tower inspections, surface mining, wildlife and forestry monitoring, timber monitoring, law

en forcement and first responders , and educational and training operations o ver certain areas of
the United States
, conducted within and under the conditions outlined herein
, or as may be established by the F AA, as required by Section 333 requirements

. As described more fully below, the requested exemption would permit the operation of
the 3D Robotics X8+ s UAS by Petitioner under controlled conditions in predetermined airspace2

that is 1) Limited in scope 2 ) Controlled as to access by mission essential personnel only

. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national a irspace system” as stated within Section 333(c) of the FMRA. In making this determination, the Secretary is required to determine which types of s UAS do no t create a hazard to users of t h e NAS or the public or pose a threat to national security in light of the aircraft’s size, weight, speed and operational capability; Operation of the s UAS in close proximity to airports and population centers; Operation of a

s UAS within visual line of sight of the operator.
Grant of t h e requested exemption is in the public interest based upon the concise direction expressed within section 333 of the reform act; the added authority granted by the Act, as amended; an equivalent level of safety regarding flight operations as expressed herein, and significant co st savings achieved by transitioning from traditional manned aerial resources to

s UAS s. The petitioner respectfully requests that the FAA grant the requested exemption without delay. Petitioner will operate the 3D Robotics X8+ sUAS while keeping the docume nts required by the regulations at the ground control station and immediately accessible to the P ilot i n C ommand (PIC) and by modification of the required markings (registration n umber) of the s UAS to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

UAS Focus, LLC
The primary contact for this petition, with a copy to me at the address above is :

Dennis D'Annunzio UAS Focus 1240 Winnowing Way, Suite 102 Mount Pleasant, SC 29466

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a), b. 14 C.F.R

. 61.113(a) and (b),

c. 14 C.F.R

. 91.7(a), d. 14 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119 (c) f. 14 C.F.R. 91.121, g. 14 C.F.R

. 91.151(b),3

h. 14 C.F.R

. 91.405(a), i. 14 C.F.R

. 9 1.407(a)(1), j. 14 C.F.R. 91.409(a)(1) and ( 2 ), and k. 14 C.F.R. 91.417(a) and (b).

C

. Corporate Background UAS Focus, LLC is a South Carolina based company of innovative new technologies, offering a complete line of sUAS and unmanned solutions with the operational infrastructure to provide precision aerial video and photography for aerial surveying and engineering, remote sensing, agriculture and ranching purposes, real estate photography, construction site inspections and monitoring, power line, stack a nd pipeline inspections, tower inspections, surface mining, wildlife and forestry monitoring, timber monitoring, law enforcement and first responders, and educational and training operations in different geographical locations throughout the Unites States in a safe, convenient, and legal manner.
UAS Focus, LLC’s sUAS s for the purposes of this petition is the 3D Robotics X8+

. The
3D Robotics X8+ both meet the requirements for determination o f Summary Grant for exemption as each platform has been previously approved by the FAA in numerous other
Petitions. All operational manuals for the 3D Robotics X8+ have been previously submitted and reviewed by the FAA

. The following additional manuals are a set of Confidential Documents under 14 CFR 11.35(b) as each document and manual contains proprietary information that the applicant has not and will not share with others. The documents and manuals contain specifications, operatin g conditions and procedures, maintenance procedures and a safety management program that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

• UAS Focus Operations Manual

• UAS Focus Saf

ety Management Systems Manual (SMS)

• UAS Focus Maintenance Manual (MM)

• UAS Focus Privacy Policy

UAS Focus, LLC w ill operate only within v isual line of sight (VLOS) and during daylight hours in Visual Flight Rules (VFR) conditions. Additionally
, UAS Focus, LLC will operate only within the parameters defined in the blanket Certificate of Authorization (COA)4

issued by the FAA under the new interim policy. In the event any UAS Focus, LLC operation
exceeds the 200 foot limitation imposed by the policy, a sepa rate COA specific to the airspace required for that operation will be obtained prior to flight operations. Such requirements will insure that the sUAS will “not create a hazard to users of the national airspace system or the “public” as stated in Section 333 of the FMRA.

D. Airworthiness A critical element of consideration for grant of the petition is evidence of an equivalent level of safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft from the requirement for an actual airworthiness certificate in accordance with the statutory criteria provided in Section 333 of PL 112

- 95 in reference to 49 USC 44704, in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation. , Also, in accordance with FAA N 8900.291, Petitioner ha s an established inspection and maintenance program for the continued airworthiness of the aircraft in accordance with the
manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for
the aircraft and aircraft components.
E

. 3D Robotics X8+ Professional Operational Capabilities
Petitioner seeks an exemption to operate the 3D Robotics X8+ for limited approved

com mercial pu r poses within the NAS 1

. The 3D Robotics X8+ are multi

- rotor sUAS aircraft comprised of a VTOL UA and a transportable GCS. The 3D Robotics X8+ d o not carry any flammable propellant or fuel. The sUAS also has an integrated GPS system that calculates the UAS's position and height and relays that information via a secure connection to the operator. Additionally, the 3D Robotics X8+
, have the capability to operate safely after experiencing
certain in

- fli ght contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with

pre

- coordinated automated flight maneuvers.

F. Regulatory Basis for Petition
Pe titioner
, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and

1 UAS Focus, LLC will submit Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition. 2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ?5

Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft Systems ( “ Section 333 ” )
, hereby respectfully petitions the Administrator for an exemption from
the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 333 Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational
authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational
authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion
of the plan and rulemaking required by S ection 332 of this Act or the guidance required by
section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”
Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section 333(b) (2)

. 2. 49 U.S.C. § 44701
T he FAA is further authorized to grant exemptions from its safety regulations and
minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds the exemption is in the public interest. ” Section 44701(f) 4 (authorizing the grant of exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and
S ections 44702

- 44716). 5
For the reasons addressed herein
, this Petition q ualifies for expedited approval of
Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

.

3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).

4 U n d er 4 9 U

. S

. C

. § 4 47 0 1( f )
, t h e “ A d m

i n i s t r at o r m a y g r a n t an e x e m p ti o n f r o m a r e q u i r e m e n t

o f a r e g u lati o n pr e s c r i b ed un d er su b s ecti o n ( a ) o r ( b ) o f t h is s ecti o n o r a n y o f s ecti o n s 44702

- 447 1 6 o f [ T i t le 49 ] if t h e A d m i n i s t r at o r f i n d s t h e e x e m

p ti o n is i n t h e p u b lic i n te r e s t

. ” 5 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).6

G. 3D Robotics X8+ Statutory Criteria for Exemption under Section 333

G iven its small size, light weight, slow speed, limited load capacity, superior operational capabilities
, and that the operations will be conducted only during the day, under visual meteorological conditions ( “ VMC ” ), within V LOS of the PIC, with the assistance of a
visual safety observer ( “ VO ” )
, and confined within the boundaries of a consenting landowner’s
property and not in the proximity of airports or populated areas , the 3D Robotics X8+ is the

very category of sUAS that qualifies for expedited approval under Section 333

. 1

. Proximity to Airports/Populat ion Centers or A reas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to
low risk a reas and in accordance with the blanket 200

- foot COA requirements at an altitude of no more than 200 feet above ground level (AGL). In the event a UAS Focus, LLC operation is required to exceed the 200

- foot limitation imposed by the policy, a separate COA specific to the airspace required for that operation will be obtained prior to operations at an altitude of no more
than 400 feet AGL. All altitudes reported to ATC will be in AGL when required and a ny
oper ations conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will obtain a Letter of Agreement with the appropriate airport management and made
available to FAA upon request. In addition, a ccess to any property will be limited to persons
associated with and necessary to flight operations.

2

. Visual Line

- of

- Sight The minimum crew for each operation will consist of a PIC and VO . The VO will be used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always
maintain VLOS with the sUAS

. T he 3D Robotics X8+ will at all times be flown by Petitioner only in the daytime (not at night) under VMC
, within VLOS of the PIC
, with the further
assistance of the VO with whom the PIC will have the ability for direct and continuous two

way verbal communication s 6 so as to ensure that the flight operations remain w i t h i n the PIC’s
VLOS and prescribed flight boundaries and de

- conflict with objects in the air and on the ground. Thus , pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations will provide an approved method of control and collision avoidance to satisfy the “ see and avoid ” requirement of 14 C

. F

. R

. § 91.113 :

6 PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment7

Only qualified and current PIC’s and VOs will be used

.
3

. Other Factors

a. 3D Robotics X8+ S afety Systems

Petitioner proposes that requirements should take into account the characteristics of th ese particular s UAS s

. The 3D Robotics X8+ is characterized by a high degree of pre

- programmed control, various built

- in technical capabilities that limit the potential for operation outside of the operating conditions as set forth below, and many built

- in functional, safety and redundancy
features to ensure a safe and reliable operation. At a minimum: geo

- fencing at a maximum ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to the operator to prevent a "fly away," and safe abor t procedures. If the 3D Robotics X8+ loses communications or its GPS signal, it will return to a pre

- determined location and land or be
recovered in accordance with the User’s Manual. The 3D Robotics X8+ will have markings identifying the serial number and identification (N

- number) markings as large as practicable. Further, UAS Focus, LLC operation s will comply with all manufacturer Safety Bulletins.

b

. Safety Management System A Safety Management System (SMS) approach will regulate Petitioner ’s operation of
the 3D Robotics X8+ and will significantly contribute to maintaining the level of safety contemplated by the airworthiness certificate requirements from which Petitioner now seeks
relief.
Pursuant to the S MS and 14 C.F.R. § 43.13, entitled Performance Rules (general)
, each

person performing maintenance, alteration, or preventive maintenance on the 3D Robotics
X8+
, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed
in the current manufacturer's User’s Manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the
Administrator. Each person shall use the tools and e quipment necessary to assure completion
of the work in accordance with accepted industry practices.

c. Flight Operation L imitations and Safety In seeking this exemption, Petitioner proposes to operate the 3D Robotics X8+ pursuant

to the following specific operating limitations : 1. The 3D Robotics X8+ all weigh less than 55 pounds, fully loaded.
2. The 3D Robotics X8+ shall only be operated at or below 2 00 ft AGL , unless a8 separate COA specific to the airspace required for that operation is obtained prior to operations at an altitude of no more than 400 feet AGL.
3. The 3D Robotics X8+ shall be operated within VLOS of the PIC and safety VO.
4. The radio frequencies used for operations and control of the UAS (2.4GHz) will comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.
5. The 3D Robotics X8+ shall be operated pursuant to Day Visual Flight Rules (VFR)
in visual meteorological conditions (VMC). The 3D Robotics X8+ shall be operated only during daylight hours ( i.e. between the end of morning civil twilight
and the beginning of evening civil twilight, as published in the American Air Almanac, converted to local time).
6. The 3D Robotics X8+ shall operate from on

- site takeoff/landing locations directly

next to the PIC and co

- located VO. The PIC and the VO shall be able to verbally communicate during all operations.
7. Operations shall be conducted by certificated airmen who possess either a commercial, private, recreational, or sport pilot certificate

. 8. The PIC will be a FAA licensed airman and will hold a current airman medical certificate or valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
9. The PIC shall have successfully completed the training and qualification proce ss in
accordance with 3D Robotics X8+ Pilot Training Guide. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training operations will only be conducted during dedicated training sessions.
10. A minimum of three take

- offs and three landings in the preceding 90 days will be required by the PIC to maintain currency, such log of which shall be made available to the Administrator upon request.
11. All op era tions will util i z e a VO. The UA will be op e ra t e d within the V L O S o f the
P I C a nd VO a t a ll tim e s. The VO m a y be u s e d to s a tis f y the V L OS re q u i re m e nt a s lo n g a s the P I C a lw a y s m a int a ins V L O S ca p a bili t y . T h e VO a nd P I C will be a ble

to c ommuni ca te v er

b a l l y a t a ll tim e s; e l ec t r onic m e s s a g ing o r t e x ting is not9 p er mitt e d du r ing f

l i g ht op e r a tions. The P I C will be d e si g n a t e d b e f o r e t h e f li g ht a nd

c a nnot t ra ns f

e r his or h e r d e s i g n a tion f o r the du ra tion of the f

l i g ht. T h e P I C will

e nsu r e th a t the VO c a n p e r f o r m the d u ti e s re qui re d of t h e VO.
12. The UA will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman
medical certificate or U.S. driver ’s license.
13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC qualifications, is also present during flight operations, that person can also be designated as PIC and will follow the necessary p rocedures to assume control.
14. A briefing will be conducted in regard to the planned o perations prior to each flight

. It will be mandatory that all personnel who are performing duties within the boundaries of the flight operations safety perimeter be present for the briefing.
15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to conducting any actual flight operations. UAS Focus, LLC will only operate
within the guidelines of the blanket 200

- foot COA under the FAA’s interim policy. For flights above 200 feet AGL
, UAS Focus, LLC will operate in a confined geographic area as defined by a separate approved ATO issued COA.
16. Petitioner will file a NOTAM for each flight at least 24 h ours in advance of each flight with the appropriate FSDO.
17. Any operations that will be conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will obtain a Letter of Agreement with the appropriate airport management and made available to FAA upon
request.
18. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed flight a communication with the nearest local Air Traffic Control facility indicating location, altitude and duration of the proposed flight.
19. All required permissions and permits will be obtained from territor ial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies at least 12 hours in advance of any flight operation

.10

20. The 3D Robotics X8+ shall be marked with an identification (N

- Number) in

accor dance with 14 C.F.R. § 45.23, such markings to be as large as practicable
pursuant to 14 C.F.R. § 45.29(f), and identified by a serial number registered in
accordance with 14 C.F.R. Part 47.
21. All flights will remain clear and yield the right of way to all o ther manned operations and activities at all times, including, but not limited to: ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.
22. Flights will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the
PIC.
23. The 3D Robotics X8+ shall be operated at an airspeed not to exceed 40 knots.
24. Any time the 3D Robotics X8+ is operating, all documents required under 14 C.F.R. § 91.9 and § 91.203 shall be available to the PIC at the GCS. Such documents shall be made available to the Administrator or any law enforcement official upon request.
25. The 3D Robotics X8+ shall not be operated directly over any person, except authorized and consenting personnel required for f light/ imaging operations,
26. The radio frequency spectrum used for operation and control of the 3D Robotics
X8+ shall comply with the requirements of 3D Robotics X8+ manuals and the
SOP

. T he 3D Robotics X8+ s hall at all time s be operated to ensure a safe distance

away from all participating and non

- participating personnel , at least 500 feet away from persons not involved in the flight operations (non

- participating persons)
unless:

 Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a
situat ion arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons

.

 The owner/controller of any vessels, vehicles or struct ures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and11 determined that it does not present an undue hazard.
27. The flight will be terminated at 2 5 % battery power reserve

. 28. Prior to each flight
, the PIC shall inspect the 3D Robotics X8+
, including any inoperable components, items or equipment, to ensure it i s in a n airworthy condition for safe flight. If the inspection reveals a condition that affects flight
readiness or safe operations, the 3D Robotics X8+ shall not be operated until the necessary maintenance has been performed and it is found to be in a condition for safe flight. Any discrepancies and all maintenance or alterations shall be
d oc umented in the aircraft records, such records to be made available to the Administrator upon request.
29. Except as may be designated otherwise for Fail

- Safe operations, t he 3D Robotics
X8+ shall take off and land at a location within the boundaries of the subject
property next to the PIC.
30. Upon loss of communication or GPS signal, the 3D Robotics X8+ shall return to a predetermined location within the boundaries of the landowner’s property and
land or be recovered in accordance with the User’s Manual

. 31. In the event of an emer gency or unanticipated obstacle to planned operations, the operation shall be aborted and the 3D Robotics X8+
, if airborne, shall return to a predetermined location.
32. The 3D Robotics X8+ shall be maintained in accordance with the manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and in accordance with FAA N 8900.291.
33. All operations shall be conducted over private or controlled

- access property with

p ermission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
34. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall also be reporte d to the National Transportation Safety Board (NTSB). Further flight operations shall not be conducted until the incident, accident or transgression is reviewed by the UAS Integration Office and authorization to12 resume operations is provided.
d

. Privacy
All UAS Focus, LLC ’ s UAS operations will be conducted in accordance with applicable F ederal, S tate, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land/building owner/controller or authorized representative. Permission from land owner/controller or authorized representa tive will be obtained for each flight to be conducted.

e

. Physical Security
In order to ensure its safe and proper us e , Petitioner will be the only operator of the 3D
Robotics X8+ and the 3D Robotics X8+ will at all times remain in Petitioner ’s custody

. 4

. . Lack of Threat to the NAS, Public, or National Security For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,
Petitioner ’s record of safety and the small size of the s UAS involved and the controlled sterile area within which they will operate, Petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of s UAS s to commence immediately. P etitioner will operate the
3D Robotics X8+ in accordance with the aforementioned flight limitations without creating a hazard to other aircraft or persons or property on the ground . T he fact that each PIC will be required to be screened by the Department of Homeland Security, approval of the petition presents no
threat to national security

. Further, given its small size and limit load capacity, the 3D Robotics
X8+ s UAS is incapable of carrying any substantial external load, including e x p l os i v e m a t e r i a l s

or f l a mm ab l e li q u i ds. For all of these reasons, Petitioner ’s proposed operations using the 3D Robotics X8+ qualify for expedited approval of the sought exemption pursuant to Section 333 for the specified uses
and under the proposed operating requirements and restrictions.
H

. Public Interest Benefits Granting Petitioner ’s request for exemption would benefit the public and have no adverse effect on safety for the following reasons

.

1. Public Interest Generally The grant of the requested exemption is in the public interest based on the clear direction in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the proposed operations, the significant public benefit, and cost savings to be realized as a result of13

the use of sUAS for product demonstration and training services. Moreover, the FAA has previously granted identical e xemptions for sUAS

. 7 The 3D Robotics X8+ are battery powered

s UAS s that serves as a safe r , more efficient, and economical alternative to larger and heavier
manned aircraft carrying flammable liquid fuels
, traditionally use for aerial photography or aerial surveying

. This will provide for a n added superior level of safety to persons and property in the air and on the ground than that provided by manned aircraft performing the same operations. No

p ilot or cre w need be airborne and g ranting the exemption would also decrease the number of

mann ed aircraft in the NAS and, as a result, reduce congestion as well as the environmental impact of such operations

. Using the 3D Robotics X8+ also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft.

a

. Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G

round
Because the 3D Robotics X8+ is unmanned, the proposed operations eliminate the risk to pilot and crew associated with flying such aerial

- surveying missions in confined airspace at low
altitude

. Further, g iven its small size and weight and low air speed
, using the 3D Robotics X8+ also reduces the risk of damage or injury to persons or property on the ground , and in the air, were there to
be a n unforeseen mishap

.

b

. Reduced Environmental Impact
U sing the 3D Robotics X8+ s UAS instead of manned aircraft also benefit s the public by eliminating or greatly reducing air and noise pollution associated with traditional aerial imaging operations

. Because it is battery power ed and uses electric motors, the 3D Robotics X8+ s UAS
consumes no fuel
, generates no air pollution
, and creates very little noise . As a result, the public is
benefited as a result of reduced enviro nmental impact, r educed operator and other human

exposure , and greater fuel conservation, which serves additionally to su pport our G overnment’s specific effort s to reduce the U.S.’s carbon footprint. 8

c

. Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling
The 3D Robotics X8+ also does not require a runway or helipad to takeoff or land and will not be operated within the close proximity of any airports without prior FAA approval

. As
such , fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff,

7 UAS Focus, LLC r e q u e s ts t h at t h e F AA n ot solicit p u b lic c o mm e n t o n i t s petition b eca us e it

w o u ld n o t s et a ny new pr ece d e n t a n d b eca u s e t h e r elief r e q u e s ted is i d e n tic a l to e x e m p ti o n s g r a n ted pr e v i o us l y . 1 4 C

. F

. R

. § 11.87. 8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.14

departure, arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the number of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of imaging operations as well as congestion around airports due to aircraft arrival and departure.

d

. Superior Aerial Imagery and Increased Benefit to U.S. E conomy
B etter aerial footage can also be obtained using the small and nimble 3D Robotics X8+ than

can be obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior flight performance characteristics, the 3D Robotics X8+ allows for images to be taken from
certain locations and angles and with better precision than using manned aircraft

. As a result, less
time is needed in the air to obtain the desired footage
, which in addition to providing the benefit of
fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air and on the ground, reduced noise, etc., allows for the production of surveys , which benefit s

consumers

. This additionally ensures that companies such as UAS Focus, LLC and its customers remain competitive and profitable, thereby providing their employees greater job stability, which ultimately contributes further to the U.S. econom y through increased consumer spending

.

e

. Increased Operational Flexibility and Reduced Cost Using the 3D Robotics X8+ also provides the benefit of greater operational flexibility and
reduced cost when compared to manned aircraft. Instead of each time having to hire a manned
aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner can operate the 3D Robotics X8+
, which it has purchased and outfitted at lower combined cost
, innumerable times and at the convenience of Petitioner ’s and its customer ’ s schedules

. 2. No Adverse Safety Effects Granting this Petition will also not adversely affect aviation safety or pose any undue
risks to the public. The operations pursuant to this Petition will be in accordance with
+0 approved processes and checkli st s an d in c o m p li ance w i t h all applicable FAA safety policies
and guidance. Accordingly, and as detailed herein, g ranting the requested exemption would not adversely affect safety. Indeed
, as detailed below
, operations pursuant to the limitations and guidelines addressed herein and the safety procedures, Petitioner w ill provide a n equivalent level of safety to those regulations from which Petitioner seeks exemption

. The FAA has also recently set precedence by granting exemptions with similar aerial photography
, imaging , and surveying parameters in all material respects, to those presented herein

. For these

reasons , UAS Focus, LLC’s operations pursuant to this Petition also qualify for an exemption

. I. Exemption s Sought By Petitioner a nd Reasons f or t he Requested Relief15

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14
C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151(b)
, 91.405(a), 91.407(a)(1) and (2) , 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

. Section 45.27, entitled Location of marks; nonfixed

- wing aircraft
, subsection (a) states (emphasis added): (a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. To the extent subsection 45.27(a) may be deemed to apply to the 3D Robotics X8+

s UAS
, Petitioner seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of the cabin, fuselage, boom, or tail) because the 3D Robotics X8+ s UA S is of insufficient size to accommodate any such marking. Thus marking the 3D Robotics X8+ s UA S as required by this subsection would not be possible.
An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the 3D Robotics X8+

s UA S , as may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f) ) on its largest available surface so as to permit such marking to be displayed to pilot, crew, and
others

. 2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pi lot in

command

. Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
, subsections (a) and (b) state (emphasis added): (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compens ation or hire, act as pilot in command of an aircraft

. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property for compensation or
hire.16

In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s . Petitioner seeks exemption from the subsections because t he 3D
Robotics X8+ w i l l not ca rr y a p il o t , passe n g e r s or property (other than a camera). As addressed,
the 3D Robotics X8+ is a very light, remotely controlled s UAS with no persons or property on
board. Each f

li g h t is p l anned and fully coo r d i na t ed i n a d v ance in accordance with those procedures provided in the SOP

. Thus t he r i s k assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that ass o c i a t ed w i t h co m m e r c i al ope r a t i ons con t e m p l a t ed by P a r t 61, t hat

a ll o w i ng a PI C having a private pilot certificate , rather than a commercial certificate, met the minimum flight hour and qualification criteria, and operating according to the limitations and guidelines provided herein
, provides a level of safety that e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e op e r a t i n g a con v en t i onal a i r c r a f t as required under the regulations

. T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. 3. Section 91.7(a). Civil Aircraft Airworthiness

. Either finding that Petitioner meets the Section 333 criteria or exemption from the airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) inapplicable.
Section 91.7, entitled Civil aircraft airworthiness
, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA standard by which such a determination of airworthiness can be made. Nonetheless, given t he limitations and procedures , as con t a i ned herein, the S afety Procedures contained within the
SOP , and the Maintenance Manual
, for maintaining the aircraft and checking it before each flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y w il l be

p r o v i ded.
4

. Section 91.105. Flight crewmembers at stations

. Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight
crewmembers at stations
, states (emphasis added): (a) During takeoff and landing, and while en route, each required flight
crewmember shall

—17 (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened while at the crewmember station.
(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station . This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shou lder harness; or
, (2) The crewmember would be unable to perform required duties with the
shoulder harness fastened.
In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and harnessed during flight

. Petitioner seeks exemption from the Section 91.105 because the 3D
Robotics X8+ s UA S is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of

s a f e t y can be provided instead by using an unmanned aircraft controlled by a PIC who at all times
is located at and controls the 3D Robotics X8+ from the GCS.
5

. Section 91.119(c). Minimum safe altitudes

. Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe altitudes: General
, subsection (d) states (emphasis added): Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(c) Over other than congested areas. An altitude of 500 feet above the surface
, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

S ec t i on 91

. 119(c) e s t ab li she s s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this Petition, t he 3D Robotics X8+ s UA S w il l at times be ope r a t ed either at or below 200 or 4 00 feet
A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided18

herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within
the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction with any persons or property in the air and on the ground , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would generally be restricted . Further t he 3D R obotics X8+ s UAS flight operations will be m on i t o r ed
at all times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y

r e q u i r e m en t s , so as to prevent access to t he restricted a r eas o f ope r a t i on. The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,
in all material respects, to those presented herein

.
6

. Section 91.121. Altimeter settings

. Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter settings , requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Petitioner seeks exemption from S ection 91.121 because the
3D Robotics X8+ s UAS does not use or have on board a typical barometric altimeter as contemplated by the regulation.

Note: An equivalent level of safety will be provided instead, by operating the s UAS at
or below 400 feet AGL
, within the VLOS of the PIC (with the assistance of a VO)
, with altitude
information downlinked from the 3D Robotics X8+ to the PIC to maintain altitude and ensure safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as confirmed for accuracy by the PIC.

7

. Section 91.151(b). Fuel requirements for flight in VFR conditions.
Petitione r seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
, states (emphasis added): (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes

.
The 3D Robotics X8+ is an unmanned aircraft, and thus would not begin a flight with a person in it as the regulation contemplates . To t he extent the regulation applies to the 3D
Robotics X8+
, the 3D Robotics X8+ has a maximum flight duration of 1 8 minutes
, depending19

upon atmospheric conditions and type of camera or sensor. A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve or 4 minutes w h i ch e v er occurs f i r s t, as provided in the SOP . Given that the 3D
Robotics X8+ will be operated within the VLOS of the PIC, within the confines of the particular landowner’s property with prior written consent of the landowner and participating and non

participating personnel, this restriction would provide more than enough battery reserve to accommodate a safe return to the landing zone from anywhere in the operating area with no
adverse e ffect on the safety of persons and property in the air or on the ground.
The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,
in all material respects, to those presented herein

.
8

. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance inspections and recording

. Section 91.405(a) , entitled Maintenance required
, states: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ;

Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,
or alteration
, states: (a) No person may operate any aircraft that has undergone maintenance,

p reventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter;

Section 91.409 (a)(2)
, entitled Inspections , states: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An in spection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

.20

No inspection performed under paragraph (b) of this section may be subs tituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.

Section 91.417(a) and (b) , entitled Maintenance records
, state: (a) Except for work performed in accordance with §§ 91.411 and 91.413 , each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and
records of the 100

- hour, annual, progressive, and other required or approve d inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work perf

ormed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the
aircraft for return to service.
(2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller,
and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which

are re quired to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive21 involves recurring action, the time a nd date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and
transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as
p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and that any work on the aircraft be recorded and such records maintained. Petitioner seeks an exemption because, as addressed, the 3D Robotics X8+ sUAS will operate pursuant to this Petition without airworthiness certification. An equivalent level of safety can be provided instead by requiring, as provided herein, that inspections and maintenance be accomplished according to the inspection, maintenance, and preflight sections IAW the manufacturer’s guidance in the 3D Robotics X8+ User’s Manual. Among other things,
the 3D Robotics X8+ will be inspected prior to each flight to confirm that it is in good working order. Any maintenance or repairs will be p erform and logged, and, upon any work being performed on the 3D Robotics X8+
, it will be checked and approved for flight by personnel before being returned to service.
The FAA has already set precedence by previously granted exemptions in circumstances

s imilar, in all material respects, including airframe types, to those presented herein.22

J. Conclusion As set forth in the document above, the following summary is provided for publication in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit safe operation of the 3D Robotics X8+ sUAS commercially, for the purposes of low

- risk,
, aerial surveying and engineering, remote sensing, agriculture and ranching purposes, real estate photography, construction site inspections and monitoring, power line, stack and pipeline inspections, tower inspections, surface mining, wildlife and forestry monitoring, timber monitoring, law enforcement an d first responders, and educational and training operations

. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of operations of certain sUAS in the NAS, while also advancing the interests of the public.

WHEREFORE , in accordance with the Title 49 of the United States Code, the Code of Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, Petitioner resp ectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

cc: Dennis D’Annunzio